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Zabel and Russell, on May 10, 1967, to compel the 

 Secretary of the Army to issue a permit to dredge 

 and fill in the navigable waters of Boca Ciega Bay, 

 in Pinellas County near St. Petersburg, Florida. On 

 August 15, 1967, the United States and its officers, De- 

 fendants-Appellants, filed a motion to dismiss the suit 

 for lack of jurisdiction which was denied. The United 

 States and other defendants then answered the com- 

 plaint alleging lack of jurisdiction and that the Court 

 lacks power to compel a discretionary act by the Secre- 

 tary of the Army. The United States and other defend- 

 ants moved for summary judgment. Landholders, Za- 

 bel and Russell, also moved for summary judgment. 

 After a hearing, the District Court, on February 17, 

 1969, granted summary judgment for Landholders and 

 directed the Secretary of the Army to issue the permit. 

 It granted a stay of execution of the judgment until 

 this appeal could be heard and decided. We invert 

 the sunrunary judgments, reversing Appellees and ren- 

 dering judgment for the United States. 



Landholders own land riparian to Boca Ciega Bay 

 and adjacent land underlying the Bay. It is navigable 

 water of the United States, being an arm of Tampa 

 Bay which opens into the Gulf of Mexico. The Zabel 

 and Russell property is located about one mile from 

 the Intracoastal Waterway. 



Landholders desire to dredge and fill on their prop- 

 erty in the Bay for a trailer park, with a bridge or 

 culvert to their adjoining upland. To this purpose they 

 first applied to the state and local authorities for per- 

 mission to perform the work and obtained the consent 



